Divorce Technicalities!

My husband has filed for a divorce. Our separation agreement states that our children are not be in the home of his mistress until the divorce is final. As much as I want to expedite the divorce for my benefit, it don’t want to hurt the children. I have also filed for full custody for him breaching this part of our agreement along with other safety issues. Should I try to delay the divorce, or can he finalize regardless of what I do? How long does it take for a divorce to become final?

If your husband has filed for absolute divorce, you will not be able to delay it. It typically takes about 2 months from the date the complaint was filed for the absolute divorce to be granted.

Once you are served with the absolute divorce complaint, you have 30 days to file an answer. Once the 30 days have passed, your husband can schedule a court date for the hearing. As long as he can show he meets the requirements for an absolute divorce, the judge will grant the absolute divorce.

Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

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The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.